Tinn v. Emm Labs Incorporated

Tinn v. Emm Labs Incorporated

Plaintiff:	Jonathan Tinn
Defendant:	Emm Labs Incorporated
Case Number:	3:2007cv00963
Filed:	June 29, 2007
Court:	US District Court for the District of Oregon
Office:	Portland Office
County:	Multnomah
Presiding Judge:	Donald C. Ashmanskas
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	None

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Date Filed	Document Text
February 27, 2009	Filing 181 OPINION AND ORDER EMM's motion 149 for summary judgment against Tinn's breach of oral agreement claim is GRANTED. EMM's alternative motion for an order precluding Tinn from recovering damages for future profits and profits on sales not actually made is DENIED as moot. Tinn's motion 144 for partial summary judgment on liability is also DENIED as moot. However, the court will permit Tinn to proceed on a quantum meruit theory to recover the compensation, if any, EMM di d not pay to him for services and sales he performed for EMM's benefit during the period of their business relationship. Timm's motion for summary judgment against EMM's Lanham Act counterclaim is GRANTED as to the allegation of false advertising but DENIED as to the allegation of false association. Finally, Tinn's motion 159 to amend his complaint is DENIED as untimely. Signed on 2/27/09, by Magistrate Judge John V. Acosta. (peg)

Date Filed

Document Text

February 27, 2009

Filing 181 OPINION AND ORDER EMM's motion 149 for summary judgment against Tinn's breach of oral agreement claim is GRANTED. EMM's alternative motion for an order precluding Tinn from recovering damages for future profits and profits on sales not actually made is DENIED as moot. Tinn's motion 144 for partial summary judgment on liability is also DENIED as moot. However, the court will permit Tinn to proceed on a quantum meruit theory to recover the compensation, if any, EMM di d not pay to him for services and sales he performed for EMM's benefit during the period of their business relationship. Timm's motion for summary judgment against EMM's Lanham Act counterclaim is GRANTED as to the allegation of false advertising but DENIED as to the allegation of false association. Finally, Tinn's motion 159 to amend his complaint is DENIED as untimely. Signed on 2/27/09, by Magistrate Judge John V. Acosta. (peg)

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Plaintiff: Jonathan Tinn
Represented By:	Bruce A. Rubin
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Defendant: Emm Labs Incorporated
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